Case 1:19-cv-11586-IT Document 112 Filed 09/03/20 Page 1 of 52
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`Plaintiff,
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`v.
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`PHILIPS NORTH AMERICA LLC,
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`FITBIT, INC.
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`Defendant.
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`Civil Action No. 1:19-cv-11586-IT
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`JURY TRIAL DEMANDED
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT1
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`Philips North America LLC (“Philips North America” or “Plaintiff”), by its undersigned
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`counsel, hereby alleges, with knowledge with respect to its own acts and on information and
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`belief as to other matters, the following in support of its Second Amended Complaint against
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`Fitbit, Inc. (“Defendant” or “Fitbit”).
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`NATURE OF THE ACTION
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`1. Philips North America brings this action to compel Fitbit to stop infringing Philips North
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`America’s patents and to compensate Philips North America for Fitbit’s past infringement.
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`2. Philips North America is a subsidiary of Koninklijke Philips N.V., originally founded in
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`1891, and a world leader in technology and innovation across many technological fields
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`(generally referred to as “Philips”). For more than 100 years, Philips has dedicated significant
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`resources to research and development for the advancement of technology used around the
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`world.
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`1 Plaintiff’s Second Amended Complaint differs from the First Amended Complaint (“FAC”)
`only with respect to withdrawing allegation of infringement of U.S. Patent No. U.S. Patent No.
`6,976,958, resulting in revising FAC paragraph 36 and deleting FAC paragraphs 45-46 and 122-
`141.
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`3. Philips strives to make the world heathier and more sustainable through innovation with
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`the goal of improving lives of billions of people. Philips approaches healthcare as a continuum
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`where its technologies can be applied across activities of healthy living, prevention, diagnosis,
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`treatment and home care as depicted below:
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`4. Connected health technologies developed by Philips are employed across the health
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`continuum. Both inside and outside hospitals, Philips has developed technologies that empower
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`consumers to better manage their health by improving access to and analysis of personal health
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`and fitness information obtained in various manners.
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`5. Philips provides the Actiwatch family of devices, which are designed to help better
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`understand the daily activity and sleep and wake patterns of individuals. Examples of Philips
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`Actiwatch devices are shown here:
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`6. In another example, MIO Global incorporated Philips’ heart rate monitor technology into
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`its MIO Alpha fitness tracker watch, making it among the first and most accurate integrated
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`wrist-worn heartrate monitors available. Philips continues to lead the development of
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`technologies that underpin connected health products including trackers. Others have recognized
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`the value of Philips’ investment in innovation in this area and have sought and taken technology
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`licenses from Philips, including licenses to the patents asserted in this case.
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`7. Philips also invests in technologies developed by other companies and has acquired
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`companies and their patented innovative technologies as part of its emphasis on supporting and
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`advancing innovation. Philips has made numerous direct investments in connected health
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`technologies in recent years, including its acquisition of Lifeline Systems, Inc. in 2006, its
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`acquisition of Wellcentive in 2016, its acquisitions of Health and Parenting LTD and VitalHealth
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`in 2017, and its acquisition of Blue Willow Systems in 2018. Each of these acquisitions
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`expanded Philips’ capabilities in personal health management and supported Philips’
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`longstanding commitment to deliver integrated solutions across the health continuum.
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`8. Philips shares its innovation with others through, for example, its pioneering role in open
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`innovation as well as in offering access to its technology through licensing. In this way, Philips
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`has been able to share its innovations with many other companies. Licensing revenues fund
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`further research at Philips. Philips’ patent portfolio currently includes more than 60,000 patents,
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`and in 2017 Philips filed more patent applications in the field of medical technology at the
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`European Patent Office than any other company in the world.
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`9. While some of Philips’ patents are asserted in this action, Philips has many others
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`covering connected health. The patented technologies asserted in this action enable and enhance
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`customer demand for products such as, for example: GPS/audio athletic training, security
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`mechanisms for transmission of personal data, connected wearable/online products, and handling
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`of interrupted connections.
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`10. Fitbit, founded in 2007, was created when its founders “realized that sensors and wireless
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`technology had advanced to a point where they could bring amazing experiences to fitness and
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`health.” Source: https://www.fitbit.com/about. Fitbit did not develop its own technology and
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`released its first product without filing a single patent application. Instead, Fitbit and its
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`founders leveraged the patented technology of Philips from the company’s beginnings. Fitbit
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`grew rapidly and amassed billions of dollars in revenue and tremendous personal wealth for its
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`founders.
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`11. For years, Philips has repeatedly offered to license rights in the Patents-in-Suit2 to Fitbit,
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`but Fitbit has repeatedly refused to accept Philips’ offers to license. Fitbit’s past and continuing
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`sales of its devices i) willfully infringes Philips’ Patents-in-Suit and ii) impermissibly takes the
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`significant benefits of Philips’ patented technologies without compensation to Philips. Fitbit’s
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`refusal to take a royalty bearing license under the Patents-in-Suit has forced Philips to seek
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`2 The “Patents-in-Suit” refer to the patents identified below as forming the basis of Counts I-IV.
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`remediation to stop Fitbit’s continuing willful infringement of the Patents-in-Suit and to be
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`compensated for Fitbit’s past willful infringement of the Patents-in-Suit.
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`PARTIES
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`12. Plaintiff Philips North America LLC (formerly known as Philips Electronics North
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`America Corporation) is a limited liability company duly organized and existing under the laws
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`of Delaware. Its principal place of business is 3000 Minuteman Road, Andover, Massachusetts,
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`01810. Philips has been a technology leader for over a century including in the field of
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`connected health products and across the healthcare continuum. Philips patented innovations in
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`this action pertain to GPS/audio athletic training, security mechanisms for transmission of
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`personal data, connected wearable/online products, and handling of interrupted connections.
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`13. Defendant Fitbit, Inc. is a corporation organized under the laws of Delaware having a
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`regular and established place of business located at One Marina Park Drive, Suite 701, Boston,
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`MA 02210, within this Judicial District. Fitbit develops, manufactures, markets, sells and uses
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`connected health products including ones that employ GPS/audio athletic training, security
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`mechanisms for transmission of personal data, connected wearable/online products, and handling
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`of interrupted connections that incorporate Philips’ patented technology. Fitbit has not obtained
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`a license or otherwise acquired rights from Philips for use of the Patents-in-Suit. Instead, Fitbit
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`chose a path of willful infringement.
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`JURISDICTION AND VENUE
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`14. This action arises under the patent laws of the United States, Title 35 U.S.C. §§ 1, et seq.
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`This Court has both general and specific personal jurisdiction over Fitbit because Fitbit has
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`purposefully availed itself of the privilege of conducting business activities and has conducted
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`and done business within Massachusetts and this Judicial District. Fitbit has availed itself of the
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`rights and benefits of Massachusetts law and has engaged in systematic and continuous contact
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`with Massachusetts, including with respect to the development, manufacture, marketing, sale and
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`use of one or more Accused Products3. Fitbit also derives substantial revenue from sales of the
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`infringing products and services in Massachusetts, and it has availed itself of the privilege of
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`doing business within Massachusetts. Fitbit’s presence in Boston requires it to pay taxes in
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`Boston and Massachusetts. Fitbit is licensed to do business in Boston and Massachusetts.
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`15. Personal jurisdiction is proper because Fitbit is doing business and has committed acts of
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`direct and joint infringement in this Judicial District. This Court has personal jurisdiction over
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`Fitbit because, inter alia, this action arises from activities Fitbit directed towards Massachusetts.
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`For example, Fitbit ships infringing products to residents of Boston and Massachusetts for use in
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`this Judicial District, and it collects substantial revenues from such residents and related sales.
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`16. Exercising personal jurisdiction over Fitbit in this Judicial District would not be
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`unreasonable given Fitbit’s contacts with this Judicial District, the interest of this Judicial
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`District in resolving disputes related to products and/or services sold herein, and the harm that
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`would occur to Plaintiff if the Court did not exercise personal jurisdiction over Fitbit.
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`17. In addition, Fitbit has knowingly induced and continues to induce and/or contribute to
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`infringement within this Judicial District by advertising, marketing, offering for sale and/or
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`selling devices with hardware and/or software that includes infringing functionality to
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`consumers, customers, partners and/or end users (collectively “customers”), and it provides
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`instructions, user manuals, advertising, and/or marketing materials which facilitate, direct, or
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`encourage such infringing use with knowledge thereof. Fitbit also jointly infringes with its
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`3 The “Accused Products” refers to the products accused of infringement herein such as referenced in paragraphs 32-
`25 including all substantially similar products.
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`customers and subscribers in this Judicial District with the establishment and operation of
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`connected health solutions covered by the Patents-in-Suit.
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`18. For these reasons, and for reasons that will be presented to the Court if jurisdiction is
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`challenged, the Court has personal jurisdiction over Fitbit.
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`19. Venue is proper under 28 U.S.C. §§ 1391(b), 1391(c), and 1400(b) because Fitbit resides
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`in this Judicial District and has substantial additional activities in this Judicial District as alleged
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`herein (see e.g. paragraphs 14-18). Fitbit has also engaged and continues to engage in infringing
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`acts in this Judicial District such as alleged herein (see e.g. paragraphs 14-18).
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`20. Fitbit’s Boston facilities are a regular and established place of business located at One
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`Marina Park Drive, Suite 701, Boston, MA 02210, less than two blocks from the U.S.
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`Courthouse where the Court presiding over the action is located. Fitbit has numerous employees
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`located at its Boston facilities including software engineers, infrastructure engineers, product
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`managers, data engineers, health solutions engineers, etc. Fitbit continuously hires for its Boston
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`place of business as illustrated by the following clip of example job postings:
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`Source: https://www.glassdoor.com/Jobs/Fitbit-Boston-Jobs-
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`EI_IE500145.0,6_IL.7,13_IC1154532.htm
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`21. Each of the Accused Products has been sold by Fitbit and shipped to residents of Boston
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`and Massachusetts for use in this Judicial District, and Fitbit collects substantial revenues from
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`such residents and related sales. Accused Products are sold by Fitbit at retail locations in this
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`Judicial District, including BestBuy and Target.
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`22. Fitbit purposefully directs sales and offers for sale the Accused Products, including those
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`specifically identified below, toward the Commonwealth of Massachusetts and this Judicial
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`District.
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`23. Furthermore, on information and belief, Fitbit has committed acts of direct and joint
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`infringement in this Judicial District through its development and use of the Accused Products in
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`its Boston facilities, and/or by prototyping and testing functionality of the Accused Products in
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`its Boston facilities that infringe one or more claims of the Patents-in-Suit.
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`FACTUAL BACKGROUND
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`Philips Background and Innovation Leadership
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`24. Philips is a world-renowned company engaged in research and development in numerous
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`technological fields. One of these fields pertains to connected health, which seeks to empower
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`consumers to better manage their health and fitness by improving access to their own healthcare
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`related information.
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`25. Philips is a worldwide leader in the field of connected health. For example, Philips has
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`developed systems for wearable wireless devices that can be worn discreetly around the neck to
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`detect important patient information, such as detecting falls and tracking step count. Philips
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`offers HomeSafe and GoSafe Lifeline systems that include personal medical alert devices that
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`enable the wearer to summon medical help in the event of an emergency. Philips has also
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`developed HealthSuite, which is a cloud-based digital platform that promotes collaboration in the
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`field of connected health by enabling Philips and its partners to connect devices, collect health
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`data, and securely aggregate, store and analyze the data, as well as the Actiwatch and other
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`products noted above.
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`26. The Philips Lifeline product is depicted below:
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`27. Philips North America invests heavily to promote innovation in the area of connected
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`health. For example, Philips North America has coordinated a “wearables challenge” in the
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`Boston area that brings together companies in the connected health space and awards funds to
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`promote companies offering novel approaches to disease diagnosis, management, prediction and
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`prevention. Philips North America has also organized and funded healthcare “hackathons” that
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`challenge software developers to create new solutions that enable health care providers to deliver
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`higher quality of care in the hospital or the home by integrating data from personal, clinical and
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`environmental sources. Philips North America also operates an open innovation portal called
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`SPICE, through which companies and individuals can connect with one another, discuss their
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`innovations with experts at Philips, and learn from Philips’ experience in the area of connected
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`health.
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`28. Philips North America will be relocating its Andover, MA headquarters to Cambridge,
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`MA in 2020. Philips North America’s new headquarters will house nearly 2,000 employees,
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`making Philips North America one of the largest private employers in Cambridge. The move to
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`Cambridge represents a further effort to enhance Philips North America’s ability to innovate and
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`promote innovation in the area of health technology and connected health.
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`Fitbit Background and Infringement
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`29. Founded in 2007, Fitbit develops and sells wireless-enabled wearable devices that
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`measure data such as number of steps walked, heart rate, blood oxygen, duration and quality of
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`sleep, number of steps climbed, and other inputs related to personal fitness and health.
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`30. In addition to wearable devices, Fitbit has developed and makes available for download
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`various smartphone software applications that also enable users to connect to devices, record and
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`analyze their fitness information. Fitbit also maintains servers interfacing with the software
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`applications and wearable devices collecting sensed information and providing calculated fitness
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`and health information to its subscribers.
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`31. While others using the patented technology have taken licenses to the Patents-in-Suit (or
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`foreign equivalents) Fitbit has refused to take a license and continues to infringe the Patents-in-
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`Suit. Fitbit has received multiple communications from Philips concerning the Patents-in-suit
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`and its infringement since October of 2016, but it has failed to cease it infringing activities or to
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`provide any response to Philips.
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`Accused Products
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`32. Fitbit is, and has been, engaged in manufacturing and/or having manufactured, selling
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`and/or offering for sale within the United States, using in the United States, and/or importing into
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`the United States fitness tracking devices and/or accompanying software applications and servers
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`providing functionality covered by one or more claims of each of the Patents-in-Suit (the
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`“Accused Products”).
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`33. Non-limiting examples of the infringing fitness tracking devices manufactured, sold,
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`offered for sale, used, and/or imported by or for Fitbit include various Surge, Charge, Flex,
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`Versa, Alta, Inspire, Ionic, and Blaze model fitness trackers. Each of these fitness tracking
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`devices has been sold and/or used within this Judicial District, without limitation, through the
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`website https://www.Fitbit.com/store.
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`34. Fitbit maintains established distribution channels within the United States that permit
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`Fitbit to ship the Accused Products, including those specifically identified in this Complaint, to
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`the Commonwealth of Massachusetts and this Judicial District.
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`35. Fitbit’s smartphone software applications are available for download on the Apple App
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`Store, Google Play, the Windows Store, etc. On January 8, 2018, Fitbit announced that its
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`community had grown to over 25,000,000 users and that its software application was the number
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`one fitness application in the United States on both iOS and Android devices. Fitbit’s software
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`applications are available for download throughout the United States including within this
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`Judicial District and users of the Accused Products have downloaded Fitbit’s software
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`applications within this Judicial District for use with the Accused Products.
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`Patents-in-Suit
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`36. The following patents are infringed by Fitbit (“Patents-in-Suit”): U.S. Patent No.
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`6,013,007 (“the ’007 patent”), U.S. Patent No. 7,088,233 (“the ’233 patent”); and U.S. Patent
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`No. 8,277,377 (“the ’377 patent”).
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`37. The Patents-in-Suit derive from and/or relate to Philips’ efforts in this field of technology
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`and claim protection for, among other things, GPS/audio athletic training, security mechanisms
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`for transmission of personal data, connected wearable/online products, and handling of
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`interrupted connections.
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`38. Fitbit has been and is still directly infringing, jointly infringing, contributing to
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`infringement, and/or inducing others to infringe the Patents-in-Suit by making, using, offering
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`for sale, selling, or importing devices that practice the Patents-in-Suit. Fitbit’s acts of
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`infringement have occurred within this Judicial District and elsewhere throughout the United
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`States.
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`U.S. Patent No. 6,013,007
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`39. The United States Patent and Trademark Office duly and legally issued the ’007 patent to
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`inventor Gary Miller Root on January 11, 2000. The ’007 patent is titled Athlete’s GPS-Based
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`Performance Monitor. A true and accurate copy of the ’007 patent is attached as Exhibit A.
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`40. Philips North America is the owner and assignee of all legal title in the ’007 patent and
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`holds the right to sue and recover damages for infringement thereof, including ongoing and past
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`infringement.
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`U.S. Patent No. 7,088,233
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`41. The United States Patent and Trademark Office duly and legally issued the ’233 patent to
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`inventor Raymond J. Menard on August 8, 2006. The ’233 patent is titled Personal Medical
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`Device Communication System and Method. A true and accurate copy of the ’233 patent is
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`attached as Exhibit B.
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`42. Philips North America is the owner and assignee of all legal title in the ’233 patent and
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`holds the right to sue and recover damages for infringement thereof, including ongoing and past
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`infringement.
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`U.S. Patent No. 8,277,377
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`43. The United States Patent and Trademark Office duly and legally issued the ’377 patent to
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`inventor Roger J. Quy on October 2, 2012. The ’377 patent is titled Method and Apparatus for
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`Monitoring Exercise with Wireless Internet Connectivity. A true and accurate copy of the ’377
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`patent is attached as Exhibit C.
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`44. Philips North America is the owner and assignee of all legal title in the ’377 patent and
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`holds the right to sue and recover damages for infringement thereof, including ongoing and past
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`infringement.
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`Fitbit’s Knowledge of Infringement
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`45. Fitbit had knowledge of each of the Patents-in-Suit as alleged herein and prior to that date
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`was at least willfully blind to each patent and its infringement.
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`46. On or about October 10, 2016, Philips sent a communication to the founder and CEO of
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`Fitbit, Mr. James Park, notifying Fitbit and Mr. Park that several Accused Products offered for
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`sale and sold by Fitbit infringe the ’233 patent, the ’377 patent, and the ’007 patent.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 6,013,007
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`47. The allegations of each of the foregoing paragraphs are incorporated by reference as if
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`fully set forth herein.
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`48. The ’007 patent is valid and enforceable.
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`49. Fitbit, in violation of 35 U.S.C. § 271, has infringed and continues to infringe at least
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`claim 23 of the ’007 patent by making, using, offering to sell, selling, and/or importing the
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`Accused Products that practice the claimed inventions in the ’007 patent, either literally or under
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`the doctrine of equivalents, either individually and/or jointly with their customers and
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`subscribers employing their online products and apps including by way of example, the Surge,
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`Charge, Flex, Ionic, Versa, Alta, Inspire and Blaze fitness tracker devices.
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`50. The Accused Products including access to the Fitbit account and operational apps and
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`related programs are provided under the direction and control of Fitbit. Fitbit establishes the
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`procedures and timing to operate the Accused Products with the Fitbit account including receipt
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`of the benefits of the Accused Products. Access to the Fitbit servers is limited to customers and
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`subscribers that download and activate the required software and apps on to a smartphone or
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`other wireless device.
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`51. The Accused Products infringe one or more claims of the ’007 patent. For example,
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`claim 23 of the ’007 patent is generally directed to a system that has a global positioning system
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`GPS obtaining a series of time-stamped waypoints, that computes athletic performance feedback
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`data from the series of time-stamped waypoints obtained by the GPS receiver, that presents the
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`athletic performance feedback data to an athlete, that has a modem for transmitting the athletic
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`performance feedback data to a remote computer for comparison with athletic performance data
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`of other athletes, and that has a headset and an audio module for presenting the athletic
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`performance feedback data over the headset. The Accused Products are wearable fitness
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`tracking devices that practice the claimed invention, including among other things and without
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`limitation, by computing athletic performance feedback data from a series of time-stamped
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`waypoints obtained by a GPS receiver, such as average speed, etc., and transmitting the athletic
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`performance feedback data to a remote computer for comparison, and presenting the athletic
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`performance feedback data over the headset. In some examples, Fitbit provides the following:
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`Source: https://help.Fitbit.com/articles/en_US/Help_article/1935. The Accused Products further
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`present athletic performance feedback data to an athlete, for example by providing “time or
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`distance based updates” to an athlete wearing the device during a fitness activity. In an
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`example, Fitbit provides the following:
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`Source: https://help.Fitbit.com/articles/en_US/Help_article/1935. Fitbit provides that:
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`Source:
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`https://help.fitbit.com/articles/en_US/Help_article/2099/?q=cues&l=en_US&fs=Search&pn=1#e
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`xplanation. In additional examples, Fitbit provides competitions:
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`Case 1:19-cv-11586-IT Document 112 Filed 09/03/20 Page 17 of 52
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`Source:
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`https://help.fitbit.com/articles/en_US/Help_article/1531/?q=compete&l=en_US&fs=Search&pn=
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`1#participate. Under the direction and control of Fitbit, the Accused Products and apps running
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`online on mobile devices and connected to Fitbit servers include aspects of a global positioning
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`system GPS receiver for obtaining a series of time-stamped waypoints, they compute athletic
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`performance feedback data from the series of time-stamped waypoints obtained by the GPS
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`receiver (e.g., timestamped waypoints are used to compute athletic performance feedback data),
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`they present the athletic performance feedback data to an athlete (e.g., updates presented by the
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`Accused Products), they include a modem for transmitting the athletic performance feedback
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`data to a remote computer for comparison with athletic performance data of other athletes (e.g.,
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`hardware and/or software implemented within the mobile device and wearable transmits data),
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`and they include a headset and an audio module for presenting the athletic performance feedback
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`data over said headset (e.g., Fitbit provides for voice cues that are used via headphones
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`connected to the mobile device). Thus, this hardware and the accompanying apps, servers and
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`other software practice each and every element and directly and jointly infringe at least claim 23
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`of the ’007 patent, literally and/or under the doctrine of equivalents.
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`52. Fitbit has indirectly infringed and continues to indirectly infringe at least claim 23 of the
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`’007 patent under 35 U.S.C. § 271, literally and/or under the doctrine of equivalents, by actively
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`inducing its customers to sell, offer to sell, and/or use the Accused Products to directly and
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`jointly infringe one or more claims of the ’007 patent. Such infringement includes Fitbit taking
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`active steps to encourage and facilitate others’ direct and joint infringement of the ’007 patent
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`with knowledge or willful blindness to that infringement. The affirmative acts include, without
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`limitation, advertising, marketing, promoting, offering for sale and/or selling the above-identified
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`devices, with software that includes infringing functionality, to consumers, customers,
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`distributors, partners, resellers, and/or end users. Fitbit further provides instructions, user
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`manuals, advertising and/or marketing materials that facilitate, direct, or encourage the direct and
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`joint infringement of one or more claims of the ’007 patent by others with knowledge thereof.
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`53. Fitbit has contributed to the infringement of, and continues to contribute to the
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`infringement of, at least claim 23 of the ’007 patent under 35 U.S.C. § 271, either literally and/or
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`under the doctrine of equivalents, by selling, offering to sell, and/or importing within or into the
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`United States the Accused Products, including those that include and/or connect to a global
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`positioning system GPS receiver that obtains a series of time-stamped waypoints, that compute
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`athletic performance feedback data from the series of time-stamped waypoints obtained by the
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`GPS receiver, that present the athletic performance feedback data to an athlete, that include a
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`modem for transmitting the athletic performance feedback data to a remote computer for
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`comparison with athletic performance data of other athletes, and that include a headset and an
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`audio module for presenting the athletic performance feedback data over said headset. The
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`hardware and software used to calculate and present this athletic performance feedback data
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`constitutes a material part of the invention, is known by Fitbit to be especially made or adapted
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`for use in infringing the ’007 patent, and is not a staple article or commodity of commerce that is
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`suitable for substantial non-infringing use.
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`54. The claims of the ’007 patent, when viewed as a whole, including as an ordered
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`combination address difficult technical challenges in the field of determining and presenting
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`athletic performance feedback for athletes. The claims of the ‘007 were not well known, routine,
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`or conventional at the time of the invention, over twenty years ago, and represent specific
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`improvements over the prior art and prior existing systems and methods.
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`Case 1:19-cv-11586-IT Document 112 Filed 09/03/20 Page 19 of 52
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`55. At the time the inventions claimed in the ’007 patent were conceived, there were no
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`devices for determining athletic performance and providing athletic performance feedback
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`utilizing time-stamped waypoints, providing comparison at a remote computer with data from
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`other athletes, or providing athletic performance feedback over a headset. For example, outdoor
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`runners were generally limited to wristwatches with built-in stop watches, heart rate monitors, or
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`pedometers. See Ex. A, col. 1, ll. 24-26. In the field of navigation, dashboard mounted GPS
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`devices for vehicles and mobile GPS devices for boating and fishing were being introduced, but
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`the devices were limited to navigation only. See Ex. A, col. 1, ll. 39-44. While the units
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`provided current geographic location, they did not determine or provide athletic performance
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`feedback utilizing time-stamped waypoints, provide comparison at a remote computer with data
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`of other athletes, or provide athletic performance feedback over a headset. Id. col. 1, ll. 47-50.
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`They had visual displays that could only show current location and destination, and provide
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`navigation instructions to pre-determined locations. Id., col. 1, ll. 44-46. They did not provide
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`athletic performance feedback over a headset or provide entertainment to the user while assisting
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`with navigation. Id. col. 1, ll. 48-50. The GPS navigation devices also did not provide
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`comparison at a remote computer of athletic performance data utilizing time-stamped waypoints
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`with data of other athletes.
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`56. As such, as of the priority date of the ’007 patent, there was no ready way for outdoor
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`athletes to receive athletic performance feedback utilizing time-stamped waypoints, or to provide
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`comparison at a remote computer with data of other athletes. Id. col. 1, ll. 45-62. There did not
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`exist a way that an outdoor athlete could both compute his or her athletic performance based on
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`time-stamped waypoints, and provide the athlete with entertainment and/or motivation while
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`exercising. Id. col. 1, ll. 62-66.
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`Case 1:19-cv-11586-IT Document 112 Filed 09/03/20 Page 20 of 52
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`57. The ’007 patent describing the above-described improved athletic performance monitor
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`was filed with the U.S